38-12-505. Uninhabitable residential premises - habitability procedures -
rules - definition. (1) A residential premises is deemed uninhabitable if:
(a) There is mold that is associated with dampness, or there is any other
condition causing the residential premises to be damp, which condition, if not
remedied, would materially interfere with the health or safety of the tenant,
excluding the presence of mold that is minor and found on surfaces that can
accumulate moisture as part of their proper functioning and intended use;
(b) It substantially lacks any of the following characteristics:
(I) Functioning appliances that conformed to applicable law at the time of
installation and that are maintained in good working order;
(II) Waterproofing and weather protection of roof and exterior walls
maintained in good working order, including unbroken windows and doors;
(III) Plumbing or gas facilities that conformed to applicable law in effect at
the time of installation and that are maintained in good working order;
(IV) Running water at all times and hot water in an amount necessary for the
tenant to perform all ordinary activities related to maintaining cleanliness and
health, furnished to appropriate fixtures and connected to a sewage disposal
system approved under applicable law;
(V) Functioning heating facilities that conformed to applicable law at the
time of installation and that are maintained in good working order;
(VI) Electrical lighting, with wiring and electrical equipment that conformed
to applicable law at the time of installation, maintained in good working order;